Danny Barnes v. Steve Hammer
765 F.3d 810
8th Cir.2014Background
- In June 2009 Barnes (a Minnesota pastor) led a group that broke into a residence, forcibly removed and beat Max Bauer; Barnes was charged with kidnapping, first‑degree burglary (dangerous weapon), second‑degree assault (deadly weapon), and fifth‑degree assault.
- Initially represented by public defender Kenneth Hamrum, Barnes was told he faced a mandatory minimum of 36 months; prosecution offered a plea for 36 months on one count with others dismissed.
- Barnes rejected plea offers; he discharged Hamrum on eve of trial and retained Jerome Lewis (with Mitchell Robinson as co‑counsel). Recorded jail calls show Barnes and counsel debated plea vs. trial and Barnes wanted favorable treatment for Max’s father, Chuck.
- Barnes proceeded to a two‑day bench trial, was convicted on the charged counts, and sentenced to 138 months.
- Barnes sought state postconviction relief claiming ineffective assistance of counsel for failing to secure/advise acceptance of the 36‑month plea; the state courts found counsel not objectively unreasonable and, crucially, that Barnes would not have accepted the plea because he sought favorable treatment for Chuck and was unwilling to accept any jail time.
- Barnes filed a § 2254 habeas petition; the district court denied relief and issued a certificate of appealability on the counsel‑assistance issue. The Eighth Circuit affirmed, applying AEDPA deference.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Barnes received ineffective assistance of counsel causing him to reject a 36‑month plea and suffer greater sentence after trial | Barnes contends counsel gave deficient advice during plea negotiations and that, but for that deficiency, he would have accepted the 36‑month plea (Lafler prejudice claim) | State argues counsel’s performance was reasonable and, independently, Barnes would not have accepted the plea because he sought favorable treatment for Chuck and refused any jail time; state factual findings are presumptively correct | Court held state courts reasonably applied Strickland/Lafler and did not unreasonably find no prejudice; habeas relief denied |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (two‑part test for ineffective assistance: deficient performance and prejudice)
- Cullen v. Pinholster, 563 U.S. 170 (2011) (AEDPA gives doubly deferential review to state court assessments of counsel performance)
- Lafler v. Cooper, 566 U.S. 156 (2012) (prejudice in plea‑context requires showing the plea outcome would have been different with competent counsel)